| Judgment
|
Judge Alex Stein:
The Ottoman Settlement [Old Version] 1916Our Issue
12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)
- In the heart of a neighborhood in the city stands an old building (hereinafter: the building or the real estate). The building is subject to the "National Outline Plan for the Reinforcement of Existing Buildings against Earthquakes" – known to all as "TAMA 38" (hereinafter: TAMA 38 or TAMA 38). An application for a building permit by virtueof TAMA 38 was not submitted in relation to the same old building. Later, the local planning body approves another plan, which also applies to the building (hereinafter: the other plan). This plan is a betterment plan that increases the value of the building and establishes an obligation to pay a betterment levy to the local authority that put the plan in place. The owner of the building exercises his rights in the building by way of sale. This realization establishes liability for betterment levy, and therefore the amount of the levy that the building owner must pay must be determined. The rate of the levy is usually 50% of the betterment (see: section 3 of the Third Addendum to the Planning and Building Law, 5725-1965 (hereinafter, respectively: arbitration claims and the addendum). "Betterment" means the financial difference between the value of the real estate in the new state after the other plan and the value of the real estate prior to the approval of the other plan (hereinafter: "the previous situation").
Is it The valuation of the real estate "in the previous state" should include the contribution of TAMA 38 to raising the Values (without obtaining a building permit by virtue of it), or should it be neutralized? The Impact of TAMA 38 and calculate the value of The real estate is in its previous state in accordance withמצב The Planning which applies to them prior to the approval of a TAMA 38?
This is the legal issue that arises in the framework of the applications for leave to appeal before us.